
法學論叢
Vol.37 2008 (No.3 September 2008)
Constitutional Property Right and the Regulation of Watershed Protection Area: A Comparative Study of the German Constitution and Water Laws/Giin-Tarng Hwang 1-46
The Transformation of Civil Laws in Colonial Taiwan under the Interaction of Theory and Policy: Reference to the Santaro Okamatsu Documents/Tay-Sheng Wang 47-95
Insider Trading: from the Perspective of Law and Economics and the Property Right Theory/Hsin-Ti Chang 97-128
On the Concept of Income on Income Tax Law/Ke-Chung Ko 129-188
The Regulation of Corporate Social Responsibility: The Experience of Japan/Ying-Hsin Tsai 189-244
An Analysis of the Consitutional Mandate of Religious Courses under the German Basic Law/Yue-Dian Hsu 245-292
Vol.37 2008 (No.2 June 2008)
Taiwan agricultural import right and administrative contract/Ming-Chiang Lin 1-40
On Legal Justifications for the First Set of Provisional Law Enforcement Lines in the Exclusive Economic Zone of the Republic of China/Huang-Chih Chiang 41-80
Corporate Governance and Capital Reorganization in Taiwan Public Companies: From Capital Reduction to Private Placement/Te-Fang Chu 81-150
The Indirect Enforcement on Money and Property Delivery/Shu-Huan Shyuu 151-188
Preclusion Effect of Untimely-Raised Issues: In Pursuit of Fairness or Efficiency? /Kuo-Chang Huang 189-232
Facts Neglected: The Possible Role of Social Science in Legal Reasoning/Wen-Tsong Chiou 233-284
General Theory of the State in the age of the European Union (Allgemeine Staatslehre in Zeiten der Europäischen Union) /Trans: Tsung-Jen Tsai 285-302
Vol.37 2008 (No.1 March 2008)
The Withdrawal of Indictment under the Examination of the Right Against Double Jeopardy/Jaw-Perng Wang 1-30
The Expressive Function of Judicial Review and Social Change/Li-Ju Lee 31-78
Company Directors’ and Supervisors’ Liabilities to Creditors: Centering on the Zone of Financial Difficulties/Wang-Ruu Tseng 79-163
On Issue of Executing Illegal orders of the officials/Sheng-Wei Tsai 165-223
Protection of the Compulsory Portion: the Characteristics of the Returned Portion from Deduction/Sieh-Chuen Huang 225-267
The New German Law of Loan Contract and Modernization of the Law of Obligations/Tzu-Chiang Chen 269-361
Vol. 38 2009 (No.4 December 2009)
The Equal-rank Conflicts of Legal Norms and Their Resolutions: The Interrelation of Legal Rules and Legal Principles as a Basic Point/Lei Lei 1-66
Reexamination of the Involuntary Plaintiff Device: An Empirical Analysis/Kuo-Chang Huang 67-131
IBargaining with Patriarchy: Daughter’s Right of Inheritance in Practice/Chao-Ju Chen 133-228
The Protection of Procedural Rights in Civil Procedure/Shu-Huan Shyuu 229-271
The Concept of Individualized Government Employees in the Criminal Law/Jung-Chien Huang 273-334
Legal Nature of the Cadaver: A Preliminary Research on a Dual Structure Comprising the Property Right and Mankind Dignity/Wen-Hui Chiu 335-383
Do Mainland China's Final Civil Judgments or Arbitration Awards Recognized by Taiwan Courts Have any Res Juricata: The Analysis of Supreme Court Judgment No.2531(2007) and
No.2376(2008) /Wei-Hua Wu 385-442
Vol. 38 2009 (No.3 September 2009)
The Adjustment on the Amount of the Equalization Claim for Surplus of Matrimonial Assets under the Statutory Matrimonial Property Regime: A Comparative Study of the Art. 1030 a paragraph 2 of the Civil Code of Taiwan with the relevant provisions in the Swiss ZGB and the German BGB/Yi-Tien Lin 1-71
Reexamination of the Applicable Scope and Function of the Device of Ordering an Interested Person to Intervene under Article 41 of Administrative Litigation Act/Ming-Hsin Lin 73-108
Interdisciplinary Research and Teaching on Engineering and Law/Ming-Chiang Lin 109-171
A Comparative Study on Some Basic Problems of the Law of Assignment of Claims/Fang-Hsien Yang 173-279
Reviews on the Regulations of Parenthood in the Assisted Reproductive Era/Wen-Hui Chiu 281-348
Reviews on the Regulations of Parenthood in the Assisted Reproductive Era/Wen-Hui Chiu 281-348
Vol. 38 2009 (No.2 June 2009)
resh Principles of System of Concentrated Trial/Shu-Huan Shyuu 1-70
The Regulation of the Distribution of Shareholders’ Voting Rights/Ying-Hsin Tsai 71-129
Contract Characterization, Gap Filling and Suppletory Rules: Focusing on a Supreme Court’s Decision of a Construction Dispute/Wen-Yeu Wang 131-186
The German Theorist of State and Society of the 19th Century : Lorenz von Stein 1815-1890/Jang Daw-Yih 187-233
The French Views on the Reasons for Establishing Independent Administrative Agencies and the Controversies over Their Composition: With Comments on Interpretation No. 613 of the Grand Justices Council of R.O.C./Chwen- Wen Chen 235-292
Study on Legal Attribute and Adequate Interpretation of Provision of Technical Protection Measures under Copyright Law: Focusing on Reexamination of Article 80 ter of Taiwanese Copyright Act/Chung-Lun Shen 293-369
Transfer Pricing under French Tax Law/Yuan-Hao Huang 371-455
Vol. 38 2009 (No.1 March 2009)
Regulatory Competition in Corporate Regimes: And Some Observations on Possible Regime Changes in Taiwan/Ching-Ping Shao 1-60
The Legal Structure of Objective Scope of Enforcement Force’s Extension: With the Difference between Objective Scope of Enforcement and Res Judicata/Shu-Huan Shyuu 61-110
An Observation on the Development and Potential Impacts of the International Health Regulations 2005/Huei-Chih Niu 111-162
The Application of Spoliation Evidence Principle in the Medical Malpractice Claim/Kuan-Ling Shen 163-216
A Critique of MGM v. Grokster Based on Fuller’s Jurisprudence of Human Interaction/Chi-Shing Chen 217-252
Restructuring Taiwan’s Insider Dealing Regulation: From the Perspective of Protected Legal Interests/Wang-Ruu Tseng 253-310
A Contention between Policy and Law in Videogame Arcades Regulation: An Analysis of Judgments of “Distance Limitation of Videogame Arcades” in Administrative Courts/Chien-Liang Lee311-376
Vol. 39 2010 (No.4 December 2010)
The Social Theory and the Idea of Social State: Lorenz von Stein’s (1815-1890) /Jang Daw-Yih 1-72
From the Framework of Constitution to Review the Public Servants’ Administrative Neutrality Act /Yue-Dian Hsu 73-116
A Study on the Homeless and Protection of Fundamental Human Rights /Cheng-Ken Chen 117-166
From Deterrence of Danger to Prevention of Danger /Ming-Chiang Lin 167-212
“Delegation” and “Mandate” of Local Governments on Self-governing Matters and Commissioned Matters: Featuring Sections 2 and 3 of Article 2 in the Self-government Ordinance of the Taipei Municipal Government /Ming-Hsin Lin 213-298
The Use of the Unidroit Principles of International Commercial Contracts for our Contract Law /Tzu-Chiang Chen 299-348
Patent Linkage in Generic Pharmaceutical Marketing Approval System: A Critical Assessment of Experiences in the United States /Richard Li-dar Wang & Wei-chi Chen 349-406
Vol. 39 2010 (No.3 September 2010)
Examining the Related Institutional Factors of the Thoughts and Development of the“Requirement of a Specifically Enacted Statute” /Tzung-Jen Tsai 1-68
Practical Developments of Non-conforming Performance and Warranty for Goods and Works:From the 7th Resolution of 1988 to the 8th Resolution of 2007 of Supreme Court /Sheng-Lin Jan 69-108
The Shareholders’ Meeting and Corporate Governance Wang-Ruu Tseng 109-166
Regulation of Speculation in the Financial Market by Derivative Instruments: From the Economic Perspective /Chao-hung Chen 167-222
Auditor’s Liability for Financial Statement Fraud in Taiwan from Li-Bar Verdict: An Empirical Analysis /Chih-Chieh Lin & Hsiao-Lun Lin 223-288
Newly Discovered Evidence for Retrial in Taiwan /Jaw-Perng Wang 289-324
Positive Law and Subjective Values: The Administration of Constitutional Functions Based upon Human Rights under the Paradigm of International Law /Tzu-Hsiung Wang 325-368
The Competence of a WTO Member in Determining the Grounds for Compulsory Licensing:The Compatibility of the Ground for Triggering Compulsory Licensing on Philips’ CD-R Patents with the TRIPS Agreement in Light of the Vienna Convention on the Law of Treaties /Kuei-Jung Ni 369-
Vol. 39 2010 (No.2 June 2010)
Developments in the Laws of Taiwan —— Editorial note 1-3
【Annual Review】
Constitutional Law /Jau-Yuan Hwang 5-30
Administrative Law /Jiunn-Rong Yeh 31-56
Civil Law /Sheng-Lin Jan 57-82
Civil Procedure Law /Shu-Huan Shyuu 83-100
Criminal Law /Mau-Seng Lee 101-122
Criminal Procedure /Jaw-Perng Wang 123-142
Corporate Law and Securities Regulation /Wang-Ruu Tseng 143-164
【Special Review】
A Turning Point in Legal Development of Taiwan (2007-2009) /Tay-Sheng Wang 165-198
Recent Achievements and Judicial Practice of Intellectual Property Law in Taiwan /Ming-Yan Shieh 199-225
【Article】
The Precedent Refers as the Custom of Taiwan’s Civil Code §1 /Chung-Jau Wu 227-299
The Right to a Fair Hearing within a Reasonable Time and Case Management/Kuan-Ling Shen 301-349
Criminal Liability of “Actio Libera in Causa” /Heng-Da Hsu 351-431
Punishment as a Reflection of Knowledge Structure and Culture: Judicial Sentencing in Taiwan and England/Wales Susyan Jou & Bill Hebenton 433-472